View
182
Download
0
Embed Size (px)
Citation preview
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
KELII AKINA, KEALII
MAKEKAU, JOSEPH KENT,
YOSHIMASA SEAN MITSUI,
PEDRO KANAE GAPERO, and
MELISSA LEINAALA MONIZ,
Plaintiffs,
vs.
THE STATE OF HAWAII;
GOVERNOR DAVID Y. IGE, in
his official capacity;
ROBERT K. LINDSEY, JR.,
Chairperson, Board of
Trustees, Office of
Hawaiian Affairs, in his
official capacity; COLETTE
Y. MACHADO, PETER APO,
HAUNANI APOLIONA, ROWENA
M.N. AKANA, JOHN D.
WAIHEE, IV, CARMEN HULU
LINDSEY, DAN AHUNA,
LEINAALA AHU ISA,
Trustees, Office of
Hawaiian Affairs, in their
official capacities;
KAMANAOPONO CRABBE, Chief
Executive Officer, Office
of Hawaiian Affairs, in his
official capacity; JOHN D.
WAIHEE, III, Chairman,
Native Hawaiian Roll
Commission, in his official
capacity; NAALEHU ANTHONY,
LEI KIHOI, ROBIN DANNER,
MAHEALANI WENDT,
Commissioners, Native
Hawaiian Roll Commission,
in their official
capacities; CLYDE W.
NAMUO, Executive Director,
Native Hawaiian Roll
Commission, in his official
capacity; THE AKAMAI
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL NO. 15-00322JMS-BMK
Honolulu, Hawaii
October 20, 2015
9:33 a.m.
[47] PLAINTIFFS' MOTION FOR
PRELIMINARY INJUNCTION
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2
FOUNDATION; and THE NAI
AUPUNI FOUNDATION; and DOE
DEFENDANTS 1-50,
Defendants.
)
)
)
)
)
)
PARTIAL TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE J. MICHAEL SEABRIGHT,
UNITED STATES DISTRICT JUDGE
APPEARANCES:
For the Plaintiffs:
For Defendants Na'i
Aupuni and The Akamai
Foundation:
For Defendant Na'i
Aupuni:
For Defendant Office
of Hawaiian Affairs:
MICHAEL A. LILLY, ESQ.
Ning Lilly & Jones
707 Richards Street, Suite 700
Honolulu, Hawaii 96813
ROBERT D. POPPER, ESQ.
Judicial Watch, Inc.
425 Third Street, SW
Washington, DC 20024
H. CHRISTOPHER COATES, ESQ.
Law Office of H. Christopher Coates
934 Compass Point
Charleston, South Carolina 29412
WILLIAM MEHEULA, ESQ.
Sullivan Meheula Lee
745 Fort Street, Suite 800
Honolulu, Hawaii 96813
DAVID J. MINKIN, ESQ.
McCorriston Miller Mukai MacKinnon
Five Waterfront Plaza, 4th Floor
500 Ala Moana Boulevard
Honolulu, Hawaii 96813
ROBERT G. KLEIN, ESQ.
McCorriston Miller Mukai MacKinnon
Five Waterfront Plaza, 4th Floor
500 Ala Moana Boulevard
Honolulu, Hawaii 96813
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3
APPEARANCES (Cont'd.):
For Defendant Office
of Hawaiian Affairs:
For the State
Defendants:
Also Present, for
Proposed Intervenor-
Defendants Samuel L.
Kealoha, Jr., Virgil
E. Day, Josiah L.
Hoohuli, Patrick L.
Kahawaiolaa and Melvin
Hoomanawanui:
Official Court
Reporter:
KANNON SHANMUGAM, ESQ.
ELLEN E. OBERWETTER, ESQ.
Williams & Connolly LLP
725 Twelfth Street, N.W.
Washington, D.C. 20005
DONNA H. KALAMA, ESQ.
ROBERT NAKATSUJI, ESQ.
Deputy Attorneys General
Department of the Attorney
General, State of Hawaii
425 Queen Street
Honolulu, Hawaii 96813
WALTER R. SCHOETTLE, ESQ.
Walter R. Schoettle, a Law Corp.
1088 Bishop Street, Suite 1304
P.O. Box 596
Honolulu, Hawaii 96809-0596
Cynthia Fazio, RMR, CRR
United States District Court
P.O. Box 50131
Honolulu, Hawaii 96850
Proceedings recorded by machine shorthand, transcript produced
with computer-aided transcription (CAT).
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4
TUESDAY, OCTOBER 20, 2015 9:33 A.M.
* * * * *
(Start of partial transcript:)
THE COURT: There was a motion and I don't know
exactly what it was.
MR. POPPER: Is that the Kingdom of Hawaii?
THE COURT: Right. I mean it could be read as a
motion to intervene when you look at the conclusion and what is
being sought.
MR. POPPER: Your Honor, as I understood it, the
Kingdom of Hawaii, such as it is --
THE COURT: I think his lawyer, their lawyer, if they
are an entity, is here.
Are you seeking any ruling from me? You're Mr.?
MR. SINKIN: Sinkin.
THE COURT: Sinkin. It's a little unclear to me based
on what you filed if you're seeking from me anything in
particular or if it's a notice, as you put it in your caption I
believe.
MR. SINKIN: It was a notice and intended to put the
Court -- to make the Court aware of what we consider to be a
missing indispensable party which would have jurisdictional
implications for this case.
THE COURT: Right. Okay. But you're not asking to
intervene, you're not asking anything of that sort --
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
5
MR. SINKIN: We're not asking to become a party.
THE COURT: You're not asking to become a party.
MR. SINKIN: No.
THE COURT: All right. So I don't think I need
anything from -- unless I ask for it from anybody. All right?
All right. Anything further? No. Thank you all very
much.
MR. MEHEULA: Thank you.
(The proceedings concluded at 1:52 p.m.,
October 20, 2015.)
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
6
COURT REPORTER'S CERTIFICATE
I, CYNTHIA FAZIO, Official Court Reporter, United
States District Court, District of Hawaii, do hereby certify
that pursuant to 28 U.S.C. 753 the foregoing pages is a
complete, true, and correct transcript of the stenographically
reported proceedings held in the above-entitled matter and that
the transcript page format is in conformance with the
regulations of the Judicial Conference of the United Stated.
DATED at Honolulu, Hawaii, October 24, 2015.
_/s/ Cynthia Fazio
CYNTHIA FAZIO, RMR, CRR